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CSPAN
Feb 25, 2013 6:00am EST
the city university. i sworn after i left maryland having left rutgers i would not go back to the university again. i'm glad i have broken that promise to myself and here. it's a pleasure to be on the podium again. we met in the '70s what we were both regarded as a radical scholar. some might not think that anymore. francis and i were asked by james mcgreger burns to be the co-chair of the american political science invention program. we came up with a program that even i think jim burns was a little alarmed by. he in fact put in to action. i have known francis since then. she has remained an honest and authentic voice of progressivism and radicalism with a deep interest with those they have shown -- the homeless and the poor. not how they can be helped but how they find ways to help themselves through the movement and work that they do. it's a pleasure to have her perspective this afternoon in responding to these comments. i'm very pleasured to jackie davis, the chairman of the -- and rachel and members of the executive committee they are here today because that organization the
CSPAN
Feb 3, 2013 9:00am EST
. you produce style to new york city, the bank new york world and within months as making millions of dollars in revolutionized journalism in new york, being the media center the country in revolutionized travel is an. one set of panic this is an analogy. blitzer created this newspaper in new york in a the down to the lower east side for immigrants are coming in the 1880s and 1890s. millions of people overseas. ellis island about to open a. the upper class of this hoax is a dangerous group. they saw them as poor, dirty. pulitzer didn't see them that way. he saw them as potential leaders. he admonished to go and read about lives, said the paper was tiny tot lawsuits that and the other class, drinking would say such prado are missing the point to people and delivery side in the overcrowded tenement common pleas relies for trade. and this summer it was so hot in this buildings. this is the most densely populated place in the world. people would go to the roots and mrs. chronicle by the journalists. so by writing about them, he was incensed signifying thereby connected this compares some
CSPAN
Feb 17, 2013 9:00pm EST
city in the housing projects in the poor neighborhoods in the city so it was something i had thought about actively since i was a little kid and so when it came into the supreme court i was interested in following that >> host: talking about the personal pieces i like to ask people their personal connection in the story when we get into the meat of it did you have a particularly stance on bus segregation? >> guest: i think they don't think about it and looking back to when i was looking at the reaction from the kids in the 70's when they started busting a lot of the kids would say i like it at this school. they didn't think about it but as i got older i started to think about not only going to schools and being surrounded by poverty that i didn't see in my neighborhood in the suburbs, but you know, at the same time in the schools that i had attended there was tracking so you have the regular program and in the advanced program they are close race on the class lines and so as a kid you absorb that and start to think about it and i remember being in high school one of the only
CSPAN
Feb 3, 2013 6:00pm EST
national, you almost believe african-americans never lived in the city. i went from one end of the mall to the other from the capitol all the way down to the lincoln memorial looking for the african-american history of washington, d.c.. and i could barely find anything. i said to myself that can't be true. i know there's african-american history in the city. it has to be african-american history of the national mall. maybe no one has bothered to sit and find out what it is and that's how this book came about. starting in the u.s. capitol, i needed my goal to find out what the african-american history of the national mall and this book is the result. i'm going to take a few minutes here today to talk about some of the things i discovered not only about the national mall, but about washington, d.c. as a city. some things i open interest you and media insider you to go out and find some of this history for yourself. so, i'm going to be at the mercy of technology here and see if i can get this to work. one of the first things i did when researching this book was to look at washington,
CSPAN
Feb 11, 2013 1:00am EST
engineers and scientists descended on alabama, and the city wanted to diaz's seagate itself and that helped them to negotiate this quietly. so yes, from the beginning -- my parents were civil rights activists and after the voting civil rights act passes then they turn to politics. i grew up licking stamps from the national democratic party. i have memories my father ran for governor against george wallace in 1970 and i have th
CSPAN
Feb 9, 2013 12:00pm EST
said in no uncertain terms the suburbs are killing the sand here is why and cities can save us and here is why. by far the greatest aspect of that epidemic or i should say of our health challenge in america is the obesity epidemic, not that obesity itself is a problem but all the illnesses it leads to, diabetes consumes 2% of our gross national product. a child born after 2000 has a one in three chance in america becoming a diabetic. we are looking at the first generation of americans who are going to live shorter lives than their parents. that is not a huge surprise to you. we of all been talking for a long time about the wonders of the american corn syrup based diets and the sodas people a drinking but only recently has the argument, have studies been done comparing diet and physical inactivity, one of them in england was called gluttony vs loss. another doctor at the mayo clinic put patients electronic underwear and measured every motion, set a certain dietetic regime, studied their weight, started pumping calories in and some people got fat and other people didn't, expecting so
CSPAN
Feb 10, 2013 1:35pm EST
. that clinic still exist today. it serves all sorts of people in the city of seattle. another thing to see, and marketers who think goofiest permission of the the common krumholtz collective, which exists now is an ngo in louisiana. 2005 after hurricane katrina in august 2005 izzo recalled there was the health care infrastructure collapsed in new orleans. many people were left in places like charity hospital today. a lot of first responders for that to be the city and often their catastrophic situations. so you have not only the health care infrastructure more particularly. within a few days of hurricane katrina, three activists start the common ground collective and very basic preliminary health care services for people who remained in the city. one of these people is malika verheyen, a member of the black panther party in new orleans. they talk about starting the common ground clinic with these two other people, a doctor at another act of this, he says very freely the reason he felt like he could do this in the face about this catastrophe all around them is they have done similar wor
CSPAN
Feb 2, 2013 12:00pm EST
send us an e-mail, booktv, and nonfiction books every weekend on c-span2. >> the city itself is try cultural. we both more authors and poets than most communities. >> welcome to santa fe on booktv. with the help of comcast cable partners for the next 90 minutes we will explore the literary scene and history of new mexico and its capital, a city resting at an altitude of almost 7,000 feet whose name means hope and faith in spanish. we will travel in and around this town of 80,000 to meet with local lawyers to learn about the unique cultures, personalities and history of the city and state that dates back 400 years to the times of colonization attempts by the spanish. all this and more as booktv and our comcast cable partners take you to santa fe. >> we're here in the palace press. james mcgrath morris and these are early printing presses. it seemed like a perk picked -- perfect place to talk about the man revolutionized american newspapers. webmac first started working on a boat people would react with recognition when i said i was writing about joseph pulitzer the clear from their e
CSPAN
Feb 18, 2013 12:00am EST
public schools there and i was -- when i was in the second grade, was in the inner city, one of the poorer neighborhoods in the city. so it was something i thought about since i was a little kid. and so when the case went to the supreme court, i was obviously very interested in following it because it was personal. >> host: talk about the personal connection. i always like to ask that before we get into the meat of it. when you were busing to the inner city, did you have a particularly stance on the question of desegregation and school integrace. >> guest: when you're a kid you don't thing about it. when i was reading at the reaction of the kids in the the '7s when they started buzzing -- busing, a lot of the kids were saying, i like this school, and as i got older i started to think about not only going to schooled and being surrounded by poverty i didn't see in my neighborhoods in the suburbs, but then the school is attended, there was tracking so you had the regular program, honors, and then we had advance programs, and those were cut very closely along race and class lines. so a
CSPAN
Feb 8, 2013 5:00pm EST
excitement of city of new walk. he said i want to tell you about the city of jerusalem. i thought we were supposed to talk about current events or phone policy. he said i want to talk the year '66. [laughter] and he said, cory, the year '66 tie titus and the romans laid seeing to the city of jerusalem. they would not relent. the years and years passed by. one person tie titus turned to him if you want to take the city, you need to wait and be patient. because inside the city there's a problem. that problem will grow in to a cancer, that cancer will eat away the very core of that community and allow you to take -- your history what happened around the year '70 the divisions within the city of jerusalem became so significant that weak end the city from the inside. the rabbi told me that the city of jerusalem was taken in the year 70 bity titus. he looked at me for a long time and he looked to me. he said what's the moral of the story? and i said, make sure there are no deal lots in newark. [laughter] he said no. he said, cory, the moral of the story, if there is no enemy within, the en
CSPAN
Feb 16, 2013 7:00pm EST
incompatible. the most fundamental of which is this. and i was first elected to the city council. i went to the city manager. i talked to him about a variety of things. said, well, we have the capitol improvements plan. we -- the things we have to do over the next ten years would cost $70 million. and he said, here's the problem. the public collectively is now willing to pay for what the public collectively wants. kendis it is so true. it's even true in congress. we -- the expectation is that there can be current or more services delivered in an efficient, professional way. and the math does not work. you know, you can do more with less once in awhile, but year after year after year you simply can't. and i think that is the most difficult thing for people to understand. and that is why, you know, you look at that captain i put up there about the weapons for the bush tax cut. now, some of it is gone back, but only some of that because by and large the american people do not want any more money spent on taxes. the price that is being paid for that is not so much an individual price. it's more
CSPAN
Feb 10, 2013 6:15am EST
us and here's why. and cities can save us and here's why. by far the greatest aspect of the epidemic, i should say of our health challenges in america is the obesity epidemic. it's not that obesity itself is a problem but all these illnesses that obesity leads to. principal among them diabetes. diabetes now consumes 2% of our gdp. a child born after 2000 has a one in three chance in america becoming a diabetic. when i look at the first generation of americans who are going to live shorter lives than their parents. is probably not a huge surprise to you. we've all been talking about longtime about the wonders of the american corn syrup diet, and only reason as the argument have the studies been done comparing diet and physical inactivity. one of them is called gluttony versus law for another doctor at the mayo clinic put patients in electronic underwear and measured every motion, set a certain dietetic regime, study their weight, started pumping calories in and then some people got fat and other people didn't. and expecting some sort of metabolic factor at work or genetic been a facto
CSPAN
Feb 23, 2013 10:00am EST
where there was word that a wall was cutting through the middle of the city. with citizens of both sides fearing the brink of world war iii, freed wandered close to the boundary of the divided city. neither on assignment, nor with a predetermined vision who he ended up finding and seeing the most through his camera were american g.i.s. but here at the the wall in its nascent days, freed snapped a photograph of an unnamed black soldier standing at the edge of the american sector. freed's contact sheets from this trip confirm that this image was powerfully a single shot. taken at a middle distance in black and white, freed stands with his subject between a set of trolley tracks that culminate into the imposed boundary of the wall behind them. this encounter haunted freed. it set him off course and beckoned his return from exile to come back to america to confront segregation and racism. image would end up being the first photograph in "black and white america," and as ap annotation in the book, freed sets this out as its point of departure. he writes: we, he and i, two americans, we
CSPAN
Feb 18, 2013 7:00pm EST
weather looked more ominous in the city. it was impossible to say exactly how many people were now sleeping under open skies but the most widely used estimates estimated over a ten knock of the donary's population. jurists reporting on the camps. crime-ridden hot beds of simmering unrest, at risk for further calamity. microcosm for their widely held view of haiti. the high lot of the secretary general's visit was a trip to one of these camps. up the hill, on the golf course. the iron gated clubhouse was still a ford operating base of the u.s. army. young paratroopers peered with curiosity as the diplomatic entered with a fay los angeles of security guards. out front was a more familiar face. it bearer was becoming a force even more powerful than the soldiers, sean penn arrived. for a few days the landing team of the relief organization, or jphro, distributed water filters and medical aid here' and there. then an army officer invited inside the wire. most workers were excited about actress ma rooa. both acors lived in a structure behind the clubhouse which protected them from the el
CSPAN
Feb 24, 2013 12:00pm EST
into the inner city, did you have a particularly sort of strident stance on the question of desegregation, the question of school integration? >> guest: i think as kids, you don't think about it. looking bag, i mean, even when i was reading back at the reaction for kids in the 70s when they started busing the kids, said, you know, i like it at the school, and they didn't think about it. it was the same way for me, but as we got older, i started to think about not only going to schools and being surrounded by poverty that i didn't see in the neighborhood in the suburbs, that's, you know, that's definitely eye opening, but at the same time, the schools that i attended, there was tracking so you had the regular program honors, and you had the advanced program, and those were cut very closely along in the class lines, and as a kid, you absorb that and think about it, and i remember being in high school and one of the only classes i took where television mixed between the tracks, it was a global studies course, i think, and there was an african-american student in the class who s
CSPAN
Feb 4, 2013 8:30pm EST
state of the city speech, if you remember, we reason a video -- ran a video that included a shot of ed standing at the entrance ramp yelling to the cars that approached, welcome to my bridge. welcome to my bridge! needless to say, it brought down the house. but what most people don't know is after the cameras stopped rolling, ed stayed out there in the freezing cold for another twenty minutes "welcome to my bridge! " he loved it and we loved him. no mayor, i think, has ever embodied the spirit of new york city like he can. i don't think anyone ever will. loud, brash, full of humor, and -- puzpah. he was a consequences essential mayor. more than anyone else. ed knew that new york was more than a place. it's a state of mind and attitude and attitude that he displayed to the world every day. and we had such respect for him because of the personality and that it was matched by his integrity, his intelligence, and his independence. i was lucky enough to get ed's endorsement in my first run of mayor. he was one of the few crazy enough to back me. i was new to politics and didn't know abou
CSPAN
Feb 24, 2013 8:15pm EST
city the former chancellor of the washington, d.c. public school system recounts her career and present your thoughts on education reform. this event is about 45 minutes. >>> thank you during much for joining us.laus i know you've had a couple of busy days, jon stewart thise mog morning and we're delighted to have our friend here from c-spah covering this event that manyg t people across the united states can really benefit from a lot ob what michelle has to say. say. just to kickstart this evening, how did you come up with a up fascinating and interesting book "r book, "radical," and where did r this come from? the >> i think the genesis of the ne name is an interesting one ing that when i first got to d.c., rst it was the lowest performing and mostpe dysfunctional school district in the nation and that was a pretty widely known truth. so i started doing things that i thought for obvious to me by started closing work reform and schools and moving out in the affected employees, cutting the central office board of bureaucracy in half and as i was taking the measures peopleict in started
CSPAN
Feb 17, 2013 10:00pm EST
middle of the city. with citizens of both sides during world war iii he wandered close to the boundary of the divided city me there on assignment or predetermined division he ended up feinstein to see the most through his camera were the american gis but he snapped a photograph of the unnamed clap the soldier it confirms this image was powerfully a single shot taken at a distance of black-and-white he stands as a subject between trolley tracks that culminate into the wall behind them. this encounter haunted freed and set him on course and beckoned his return from exile to come back to america to confront segregation and racism for the image would be the first photograph in black and white america and as in the book freed it sets this out and writes he and i coming to americans meet and part silently as deadly as the wall behind him is another wall there on the trolley tracks and on the cobblestones reaching back home it into our hearts dividing us wherever we me. i am white. he is black. from this point* he aimed to represent and encroach upon buffers. after this opening image
CSPAN
Feb 10, 2013 8:30am EST
locations the capstone because the wealthy families controlled most of the land in and around the city refused to donate. it's unlikely an official as cautious as ban ki-moon would have made such a statement without knowing that people would be relocated soon, or at least where. he knew something he didn't. iran to ask you more but after a few days worse, he developed that i saw sean penn walking along. i reached the packages before the population spokesman came over and then asked a question to which the plan for the rain? the active answered, what is the plan or which should be the plan, dried and impatient breath to what should be the time is total relocation. transducer getting extended after the second general hadn't and it's oliver with everything, demonstrative, and intense if you can forgive all. he was handsome, with tan skin wrapped tight around how the cheek, and they buried unde andr sunglasses. and where that character was in 1930, 80 with a moderate ngo. well, another thing that i think has to be very clear is that a target is not attend. a t.a.r.p. structure is not attend. t.a.r
CSPAN
Feb 12, 2013 6:00am EST
here to d.c. and he had the same conversation with major city chiefs. so that way we know the seed is planted and with the other chiefs talk to other chiefs and we start have this conversation about what really is the role of law enforcement. and we know that our long history in law enforcement and raise is a typical, deadly when. we don't want to continue down that path. there's been a lot of work on the. probably the one the cple is most known for is the officers decision to shoot, and where does implicit bias coming to play? inodes mentioned earlier, effectively this one was one of my graduate kind of thesis, for what into research, edison graduate student you're either going to get shot by her fellow police officers or citizens will come after you. so you hold your breath and you believe in your face and you take a chance. this is a question that our communities have had for years. the number one question in denver, this happened after course of events, another black male was killed by a white police officer, do you train your officers to kill young black, brown and? that's the
CSPAN
Feb 3, 2013 12:30am EST
experiences and their impressions of santa fe combat the old royal city. and many of them could not believe that a royal city had houses made of mud. there was a little bit of culture shock. others took the exotic feel of the place in the beautiful mountain setting right away and that is true today. santa fe inspires strong emotions. for example a man named chris wilson who is an architectural historian at the university of new mexico wrote a book not too long ago called the myth of santa fe in which he documents the evolution of santa fe's style and quiet the civic fathers decided that we needed to see the look of an earlier time to attract tourism and why he feels that is not necessarily an advantage for santa fe's culture and certainly not to advance authentic indigenous architecture. a famous novel was written in the latter part of the 19th century that is still in print today. it has nothing at all to do with new mexico. it was an accident of chance that the author was general lou wallace who wrote ben-hur, a tale of the christ. the last three chapters were written in the palac
CSPAN
Feb 3, 2013 7:30pm EST
oldest and best, we think, bookstore and coffeehouse in the city. we had a population of 80,000 people and we support no less than 17 independent bookstores are you how does collected works and the other 16 bookstores stay afloat? well, it's not easy. we all work very hard for you we work hard at what we do. we are mutually supportive is a community of bookstore owners. the city itself is tri-cultural with an amazing amount of very well read, literary people. we boast more authors and poets, both genuine and wannabes, in most communities. and we have a combination of six major organizations. an incredible museum system exists here. wonderful art, ballet, opera. it is a rich cultural city. the people that live here and the people that visit here come out and support that culture in all of its forms. i think what sets collected works apart is the fact that we really have this beautiful state. we are so fortunate to be here. we have the ability to become a community center. we have a very active children's program, we are not only in schools and rotary club and other endeavors, but
CSPAN
Feb 23, 2013 11:45pm EST
end of a long day was a scholar, poet, playwright, a fiercely loyal to the city of florence and a member of its government under the republic and an eloquent defender of engaged citizenry. machiavelli signed a letter this way, historian, a comic doctor, and tragic author author, niccolo machiavelli. the particular circumstances of his rating "the prince" 1513 may be relevant the republican had fallen and the almost being restored to power machiavelli was out of a job and he wrote this book at of the forward it to the rest of the medici as a recommendation. this is the context to study the silences of the press to read between the lines of there is a deeper message to the book some have concluded it is an attack on tear in a chronicling the crimes of the desperate so careful readers will draw their own right conclusions. some have seen this as a defense of a rule of = and even as catholics have likened it to the subversive martin luther to denounce it protestants read it as a journey of catholicism during the french revolution people said this embodied the ideals of the revolution
CSPAN
Feb 17, 2013 7:00am EST
vote and we need nine votes every time the city to council took a resolution. so we really needed, even the support of romania and its successors at a time when the united states didn't like an awful lot of the things that they were, in fact, doing. keeping a coalition that broad, that deep onboard, i think it have something to say about constraining objectives. >> i was a colonel at the time, and while all this discussion was going on i was focus on running off guard and running off tackle. you know, down at the fundamental level. i had been, the two years before, the gulf war i've been on the joint chiefs of staff, and i've been the executive director of three joint chiefs of staff, and was there general powell's first six months, and the whole thing at the time, we were this close to the sink, commander-in-chief of sin, being an admiral. it went down. it was between the two-three stars because between schwarzkopf and a navy three-star admiral. because at the time it was all about the tanker wars. that's all we've been doing so there was, there was no thought -- we have no war p
CSPAN
Feb 3, 2013 3:00pm EST
healthcare is much like other sectors of the economy. david grew up in new york outside of new york city and his father was a psychiatrist. he went to harvard college and then got a master's and became an investment banker doing mortgage finance at morgan stanley lehman brothers where he had a front-row seat to fannie and freddie which is something we might hear more from him in the q&a. then he got in television and he's the ceo of the game show network and came very late in life because of his tragedy. he wrote a cover story in atlanta magazine called how health care killed his father, killed my father, and then turned that into a book. it's an incredibly compelling book that i would encourage all of you to buy. there's copies outside. i am constructive to say the next season of american bible challenge, the highest rated show is coming on a few weeks. the game show network can feel like we are not stealing its ceo and we are giving them a plug, too. please join me in welcoming david. [applause] >> thank you. i'm sure everyone here reads your blog but it is a thrill. thank you for that
CSPAN
Feb 24, 2013 1:15am EST
meeting with parents throughout the city, mostly low-income single moms and they have done everything you'd want them to do. researched the neighborhood's schools, only 10 percent were on grade level so they have an edge percent chance of failure, then they do the next best thing to apply through the out of boundary lottery process to win a spot in a good school on the other side of town then they would lose because only a handful of spots were available then they would come to me now what do i do? when i would look eye-to-eye with these mothers, i knew that i could not offer them a spot at a high performing school could be enough for my own kids i said to mia to take this $7,500 voucher and go to a catholic school where kids get a great education? and i was not willing to say no. i came out and people went crazy gnats. what you doing? you are going against the party. i say my job is not to protect and preserve a district that has been doing a disservice to children. my job is to make sure everybody gets a great education. it to be a private school, and a charter school, a traditional
CSPAN
Feb 2, 2013 3:00pm EST
have been confirmed in a few hours but i have been here already. this is the third city on my tour. i was first in washington, my new home. i went back to the home of my heart, new york, over the weekend. as he saw on tv, i have been back and forth a lot between the two. [laughter] this is my worst trip outside. i am delighted that this is my first trip to texas. i'm delighted to be here. [applause] [cheers] [applause] i wanted to visit more than one city and i am going to austin. but i can't visit every place i want to. i still have a day job and only a few days to visit cities. but i made a promise the promise on television so you can hold me to it that i will be back to visit other cities soon. [applause] now, part of the reason i was able to come, it was randall and suzanne moran, the founders who put this together for me. they have expended every once in courtesy to me. [applause] i am surrounded by flowers, some of which i describe in the book. i thank you. i'm here to talk to you about my book and about what my book is about. when i started to write it, there was one thing i
CSPAN
Feb 5, 2013 5:00pm EST
cities how could the fez pants and households turn themselves in to developing the cities. and how to find a wide model. how to find a solutions to -- how could we connect with it actual industries. there is still a long journey to go. the second about consumption. right now it's 35%. which is below the world average of 60%. u.s. consumption rate around 70%. huge gap. if we want to really have consumption contribute more to the growth we need to -- such as disparity and income level, social security system, then we have to lead have different level of reform [inaudible] measure of urbanization and the driving to the consumption. which for the topic two foreign guests. i -- to talk about how to drive internal consumption and robert, contribute on social security in china. during urbanization. how people can turn themselves in to city dwellers can contribute. no listen, please. >> the opportunity to continue to urbanize we believe can have 200 billion people moving in to urban center over the next eight to ten years. that's an enormous opportunity. consumption is low, and particular chi
CSPAN
Feb 14, 2013 6:00am EST
>> i supported the emergence of that new understanding and the supreme court made it the law of the land in the helen mcdonald decisions. in 2008 and 2010. of that pair of decisions demolishes the slippery slope theory of those who oppose basically all firearms regulation on the view that once we permit any new firearms regulation at all, we will be inviting the government step-by-step to come ever closer to disarm the people. leaving only the police and military with firearms. with heller and mcdonald on the books, supreme court in its own words took certain policy choices off the table. thereby cleared the path a reasonable regulations to be enacted without fear that those policy choices would either open the door to unlimited government control, or be imperiled by exaggerated interpretation of the second amendment. as justice alito put in mcdonald, there's no longer any basis for such doomsday proclamations. justice scalia speaking for the court and heller said at the end of his opinion. under our interpretation, the constitution leaves open a variety of regulatory tools for combating the problem of gun violence in this country. the court was explicit in saying what some of those tools include. they include come anytime am quoting from the core, conditions and qualifications on the transfer of firearms to keep them out of dangerous hands, including felons and the mentally ill. they include long-standing regulatory measures to keep firearms out of particularly sensitive places. they include complete bans of firearms that are quote not typically possessed by law-abiding citizens for lawful purposes such as short-barreled shotguns. and firearms that are especially dangerous or unusual such as m-16 rifles and the like. that was a list the court explicitly said was not meant to be exhaustive. they include other regulations designed to protect public safety without cutting into the core right of the second amendment protects the right of self-defense in the home. those legitimate other regulations certainly encompass advance on a legal straw purchasers and gun trafficking, both of which can totally frustrate any system of background checks or gun registration. and the kind of regulation that do not trigger close scrutiny under the second amendment obviously include universal background checks on registration systems for the simple reason that systems with loopholes and less than universal coverage our calculator to be invaded by those very people who have no right to bear arms under the second amendment. people we cannot safely entrust with lethal weapons. finally, those other obviously valid regulations, ones that do not trip the second amendment's trigger, have to include bans on high-capacity magazines, and especially lethal weapons that someone can keep firing for 10 rounds or even more without reloading. banning those weapons gives people a chance to escape, and gives the police a chance to interrupt the slaughter. a category of valid regulations under heller, in my view, also covers bands and weapons designed for assault or military use, rather than for lawful civilian use. and the court did not nearly say that such regulations would ultimately survive second amendment scrutiny. it said that heller would not even quote cast its shadow of doubt on such measures should they be considered in the future. now we should have no illusions that adopted measures like these nationally will completely solve the epidemic of gun violence in america. more will be needed to we clearly need to address metal health issues as well as other potential contributors to gun violence such as violent video games, films that glorify murder and mayhem, and other aspects of our violent culture. but if we do nothing until we can do everything, we will all have the blood of innocent human beings on our hands, and we will besmirch the constitution in the process. just in closing let me say that our constitution, as many have wisely observed, does not make the perfect enemy of the good, and whatever else it is, it is not a suicide pact. a suicide pact that condemns us to paralysis in the face of a national crisis of domestic bloodshed. thank you very much, thank you your. >> ms. wortham. >> good morning, chairman durbin, members of the committee. thank you for the opportunity to speak today. it's really an honor. we discussed a lot about law this morning, and i'm an attorney. i love the law. i respected. i think it's great but i would like to talk a little bit about life and the human impact that this issue has on me, my family and the families we have here today. so to do that i'd like to take us back to may 19, 2010. on may 19 i had a good day. i was having a good day. went to line dancing class with my mother. we did every wednesday that spring. as you can imagine that was quite entertaining. when we got home a friend asked me to go scout birthday party locations with her for the big 25. so i of course said yes. we went out and we had a good time. on my way home i got a call from a mother which was not unusual because we speak at 1000 times a day. we still do. this call was different. she was crying at this time and she said sandy, come home. and she continued to cry, and she said they tried to rob him. so the him she was speaking of was my older brother, thomas wortham the fourth will make. we were raised in a great family, full of characters but craig. are parents taught us we could do everything, the everything, the world was ours. they taught us we had a responsibility to our community and to people who didn't have the opportunities that we had. and that's how thomas lived his life. he dedicated his professional life to service. he served two tours of duty in iraq with our national guard and is also a chicago police officer protecting the southside of chicago where we lived. earlier that week thomas had traveled here to washington, d.c. to participate in activities for national police week honoring fallen law enforcement officers and then travel to nuke city to run in a race in honor of a chicago police officer have been killed in the line of duty a year before. so on the evening of march -- may 19, thomas the tank our parents house when i left to show the pictures of police week activities. so he finished, they ate dinner and he went to lead. actually delete my father went with them to the door to walk met. i wasn't there obviously but according to reports this is what happened. two men approached thomas as he went to get on his motorcycle, pulled a gun on him and tried to take his motorcycle. now, thomas was a police officer so he was armed or told them he was a police officer. my dad, standing at the porch saw this happening to my dad was also armed. he had a gun and as. he went in the house to get the gun. he came back out. so there was an exchange of gunfire between the offenders, my brother and my father. when i got the call from my mother i had no idea how bad this wasn't. no idea. i just knew she was crying. she is a crier sometimes so i just knew i needed to get him. shortly after of the call traffic was stopped. the police have blocked of all the streets on way to our house. so i got out and started to run. i just had let me run home and see what's going on. and as i ran, an ambulance passed me. and steel come in m in my mind d no idea does anything to do with thomas. i have no idea how bad it was but i'm running down the street. in retrospect it was like a movie because it's like slow motion. so in and those passes me but i know now that thomas was in the and it was because he'd been shot and that's what all the streets were blocked off. so i go to the house. they rushed him to the hospital. we get there, we waited, prayed a lot, we waited. but thomas died. strangely, the week before our couple weeks before thomas died in an interview with the "chicago tribune," because there've been two shootings across the street from our house and a couple of months before that, and he was the president of the park advisory counsel, and in the interview i'll read a direct quote. he said, when people think of the southside chicago, they think violence. and he went on to say, we are going to fix it so it doesn't happen again. so thomas is dead, obviously, but i'm here today, my parents are here today. i see all of these families are here today because we still believe we can fix it. so outside the standard this hearing has been called a discussed the ways we can respect the second amendment and protect our communities. i have to be very honest and of those are some of the people left the cubs i was very, i'm confused as to where we're having disagreement about this. like i said, i understand the law. i respect our constitution, but to me this isn't about taking a way the law for right to own guns. we are not anti-gun people. my family estaban at icann family. my brother and father were chicago police officers and carried guns most of the time. that's how i was raised, but they were trained and they were law abiding citizens. i value and respect the right, the rights that are provided by our constitution. however, i find it very hard to believe that our founders intended those rights to go so unreasonably unchecked. it isn't about the right to take away pashtun it isn't about the right to lawfully own guns. this is not trying our best to keep guns out of the hands of the people, like people who killed my brother. they didn't walk into a gun store and buy a handgun because all the reports are right, they would have been able to do so. they got the guns the same way that many ill intended people receive guns in this country. they body on the street. it's also a reality that the gun didn't arrive in chicago on its own. again according to reports it was traffic from a posh up in mississippi. chairman, you spoke about his earlier. according to news reports a gun trafficker went to mississippi, used straw purchasers to buy multiple handguns from that shop and brought those guns to chicago to sell the gang members. and you spoke very well about this earlier and that's a huge problem we are talking about. and for me as someone who has been personally affected by this i can accept that we can do better than that. i can't accept we can't fix that problem. if we know as everybody who does, that many, many criminals obtain their guns through street purchases easily, then i feel like we have a responsibility to address that problem. and we have an opportunity through this body to do that to the only people who should be disturbed by gun laws are people who shouldn't have guns in the first place. law-abiding citizens shouldn't be disturbed by the proposals here today. so when we speak about the constitution and all the rights afforded by the constitution, i think we would also be well served remember the words of another document in our countries history. so we talked earlier about life, liberty and the pursuit of happiness your while, those things are taken away from thomas when he was 30, and quite frankly our rights to those things have been affected by this situation. so we talk about lawful gun ownership to my brother owned a gun. my father owned a gun. but the fact that they were armed that i didn't prevent thomas' murder. so we need to do more to keep guns out of the wrong hands in the first place, and i don't think that makes us anti-gun people. i think that makes us pro-law-abiding citizens who want to live life without the constant fear of this violence as a result of guns. i'm not to say that anyone law would change what happened to thomas but image is a i think we could do better. this isn't about me, thomas, my family or anyone them in general. this is about our country and now have a system to affect change, to do something about this, and i think it's time that we do that. so thank you. >> thank you for your testimony. i still would member your brothers of service, and the comments that were made by some of his friends of the national guard, and others in law enforcement. he was an amazing individual. sad that we lost them. i'm sure that he is looking down smiling at his mom and dad and sister who stand up for him today. ms. hupp. >> thank you, mr. chairman, members, speaking for myself today and not in any official capacity. i've wanted to mention right off the bat that when you opened the proceedings here you asked all of the victims of gun violence to stand, and i hesitated. but honestly i don't feel myself as a victim of gun violence. i suppose of as a victim of a maniac who happened to use a gun as a tool. and i see myself as a victim of the legislators that we have at the time that left me defenseless. so that's why i hesitated. i didn't go -- grow up in a house with guns. when i was 21 and a move that on my own i was given a gun by a friend and taught how to use it. and then i had a patient when i was in the city of houston who was the district attorney, an assistant district attorney in houston. and he actually convinced me to carry the gun, which at that time was illegal in the state of texas to he said susy, you don't see this stuff, id. you need to carry a weapon and nobody will mess with you. several years later in 1991, my parents and i went to have lunch at his local cafeteria with a friend of mine who is managing the cafeteria that day. we finished eating when all of a sudden this guy drove a pickup truck, came crashing in maybe 15 feet from me. of course, we thought it was an accident. and i rose up and begin to go to help the people that he had knocked over. but then we heard gunshots. and my father and i immediately got down on the floor. we turn the table up in front of us. my mom got down behind us. and the shooting continued. at that time in 91, we weren't seeing these mass shootings that we're seeing now so i was waiting for him to say something like all right, everybody puts her waltz upon the table, or a thought maybe it was a hit. maybe there was somebody important in there. but the shooting continued. i'm going to tell you, it took a good 45 seconds, which is an eternity, to realize that the guy was simply going to walk around, take aim, pull the trigger, go to the next persons, taking, pull the trigger. he was executing people. when i did realize i thought i've got this guy. i reached for my purse that was on the floor next to me, realize i had a perfect place to probably aren't. he was up to everybody else in the restaurant was down. then i realized that if you want to earlier i had made the stupidest decision of my life. i had begun leaving my gun out in the car because i did what most normal people would do. i wanted to be a law-abiding citizen. i didn't want to get caught with a gun and maybe lose my license to practice. i remember looking around and thinking great, what do i do now, throw a shawl -- throw a salt shaker adding? at that point my father got my attention. he said got to do some become he's going to kill a but and you. i tried holding down by the shirt collar. but when he saw what he thought was a chance, he went at the guy. you have to understand though, a man with a gun in a crowded room has complete control. my dad covered maybe half the distance, and the guy just turned and shot him in the chest. mmy dad went down in the aisle maybe seven or eight feet from me, and he was still alive and conscious, but as dreadful as this may sound, i saw the when and i basically wrote them off at that point. the good news is that it may be gunmen change direction slightly. instead of coming directly towards me he went off to my left. and that the point somebody way at the back of the restaurant broke out another window. i renewed hearing the crash and thinking here comes another one. but instead i saw people getting out that way. so i looked up over the top of the table. when the gunman had his back to me, i stood up, grabbed my mother but which are called and i said come on, come on, we've got to get out of here. and my feet grew wings. i made it out that back window, rain into my manager friend that was coming out a side door, and he said thank god you're all right. and i said yeah, but dad's been hit and it's really bad. and i turned to say something to my mother, and realized that she hadn't followed me out. now, to wrap the story up, the police officer, several of them were patients of mine, told me a few days later a field in the gap. they said that they were actually one building away in a conference, and in an odd twist of gun control fate, the hotel where they were having the conference, the manager there didn't want them to be wearing their guns, and potentially offending any of our science professor. so she asked him to leave the guns in their car. so precious minutes were lost while they retreated their guns from their locked cars. they said when i got over there, worked their way into the broken window behind a pickup truck, they did note the gunman was. there were bodies everywhere, but they said they did see a woman out in the aisle on her knees cradling a mortally wounded man. they said they watched as some this 30 something year old man walked up to her. she said she looked up at him, he put a gun to her head, she looked down at her husband and he pulled the trigger. that's how they knew who the gunman was. they said all they have to do is fire a shot into the ceiling and they got immediately went to a alcove area. exchange a little gunfire with him and then put a bullet in his own head. 23 people were killed that day, including my parents. didn't occur to me at the time, but mom wasn't going anywhere without debt. they just had their 47th wedding anniversary. so you may think that i was angry at the guy who did it, but the truth is that's like being mad at a rabid dog that you don't be mad at a rabid dog. he take a behind the bar and kill it but you don't be mad at it. but i've got to tell you, i was mad at my texas legislator cannot honestly believe they legislating out of the right to protect myself and my family, and i would much rather be sitting in jail right now with a felony offense on my head and have my parents alive. with that, i thank you. >> thank you very much. we have six minutes left on this roll call. so mr. cooper, i'm going to recognize you and i can't leave a senator will ask daniel webster to wait, but if you don't mind, mr. cooper, if you will testify will take a recess and then return soon. we have three votes so maybe a half-hour, 40 minutes to answer, and maybe sooner. mr. cooper. >> thank you very much, mr. chairman. members of the subcommittee, i am very honored to be here today to discuss this important subject matter and share my thoughts with you. i am especially humbled to be, to the emotional testimony we have from the victims of senseless violence, and it makes it difficult to return to drive legal subject matters, but that is my task. supreme court's recent decisions in heller and mcdonald provide authoritative guidance for interpreting and applying the second amendment. so it is important first to identify the pertinent principles established by those decisions. first, the second amendment protects an individual right that belongs to all americans. indeed the court repeatedly emphasize in both heller and donald that the inherent and pre-existing right to self-defense is the core and essential component of the second amendment right itself. second, the fundamental second amendment right to arms is entitled to no less respect than other fundamental rights protected by the bill of rights as the court emphasized in mcdonald, it is not to be treated as a second class rights or singled out for special, and especially unfavorable treatment. 30, the second amendment is enshrined, these are the courts work, enshrined with a scope that was understood to have when the people adopted it, whether or not future legislatures, or yes, even future judges think that scope to a broad. this is from heller, is expressed admonition that all government officials including members of this body of course are both bound to respect and obey the command of the second amendment as it was understood in 1791. fourth, and relatedly, the line between permissible and impermissible arms regulations is not to be established by balancing the core individual rights affected by the second amendment against purportedly competing government interest. this balance has already been struck for the second amendment as the court put it is a very product of an interest bouncing by the people. with these principles in mind let's recall the text of the second amendment. it provides that the right of the people to keep and bear arms shall not infringe. vietnam it is thus one of the very few enumerated constitutional provisions that specifically protects the possession and use of a particular kind of personal property. arms. it follows that there are certain arms that law-abiding, responsible adult citizens have an absolute inviolable right to acquire, possess and use. indeed, the heller court made clear the second amendment core protection is no less absolute than the first amendment's protection of the expression of unpopular opinion. this is what it says to the second amendment is no different from the first amendment, and whatever else it leads to future evaluation it surely elevates above all other interests of the right of law-abiding responsible citizens to use arms in defense of hearth and home. let mlet me repeat that. the amendment elevates above all other interests the right of law-abiding responsible citizens to use arms in defense of hearth and home. the government, in other words, may know more prevent a law-abiding responsible citizen from keeping an operable fire on in his bedside table drawer that may prevent him from keeping a copy of the collected works of shakespeare, or his bible, or his car and in that drawer. the key question then is what arms are protected by the second amendment? heller and mcdonald answer that question. of those weapons that are income and the courts words, are of the kind of the kind in common use for lawful purposes like self-defense. conversely, the second amendment does not protect those weapons not typically possessed by law-abiding citizens for lawful purposes, end quote. and applying that common use of text, heller flatly and categorically struck down the district of columbia gun ban because it amounted to a prohibition of an entire class of arms, i'm quoting, that is overwhelmingly chosen by an american -- excuse me, society for the lawful purpose of self-defense. the constitutionality of pending proposed to ban certain arms, thus turns on whether the ban semiautomatic rifles, shotguns and pistols are of the kind that are in common use for lawful purposes in this nation. and even as professor tribe conceits, standard magazines holding more than 10 rounds and the firearms outfitted for them are by any reasonable measure of in quite common use in the united states. because s. 150 outlaws fire arms in standard magazines that are of the kind in common use for lawful purposes, it is unconstitutional. but even if one were to apply a balancing check, s. 150s ban on automatic assault fire arms and standard magazines could not pass even intermediate scrutiny. and, mr. chairman, my time is up and hopefully i will be able to address these points further in the questions and answers. thank you. >> thanks, and thanks for your patience and understanding. we will stand in recess. i will return as quickly as i can. [inaudible conversations] >> this hearing of the constitution subcommittee will reconvene. i thank you for your patience. we had several votes on the floor, and now breaking for lunch but we are going to keep working. professor, thanks for your patience, and please proceed. >> thank you, mr. chairman. thank you for the opportunity to testify before you today. in 2010, guns were used in more than 31,000 deaths, 11,000 of which were homicides. guns were also used to -- [inaudible] the social costs of gun violence that year was estimated to be $174 billion, 12 million of which was directed towards by taxpayers. last month, i and more than 20 other leading researchers and gun policy experts gathered at johns hopkins to share our research at a summit on reducing gun violence in america. i referred to the committee the full findings from the summit that which is published in a book that edited with john burnett. they were policy recommendation that we believe would reduce gun violence. including the following. establishment of universal background check system, strengthening laws to reduce firearm trafficking, expanding incentives for states to provide information about disqualifying health conditions, to the knicks system, banning the future sale and possession of assault weapons and large capacity ammunition magazines. these policies enjoyed broad support and according to professor tribe and constitutional experts from across the ideological spectrum, would not violate constitutional rights. i like to summarize the evidence that refutes common arguments against these proposals. the first is that our nation's high rate of homicide has nothing to do with gun availability yet when we compare the united states with other high-income countries, our rate of homicide is seven times higher because our rate of homicides with guns is 20 times higher. this gross disparity cannot be attributed to u.s. be more violent or crime-ridden generally because our rates of non-fatal crime and adolescent fighting our average among high-income countries. most of the difference is likely due to the weaknesses in our law that allow dangerous people to have guns. another claim is that gun control laws don't work because criminals will obey them and will always find a way to get a gun through theft or the illegal market. this faulty logic can be used to argue against the need for any type of law because lawbreakers don't obey laws. the truth is that laws such as background check requirement for all gun sales and other laws to combat gun trafficking help law enforcement to keep guns from prohibited individuals. opponents of gun control point to criminals obtaining guns from the underground market as proof that regulations are pointless. but the weaknesses in current federal firearms laws are the very reason that criminals are able to obtain firearms from those underground sources. data from a national study of state prison inmates indicates that about 80% of gun offenders acquired their handguns in transactions with unlicensed private sellers, a category of transactions that current federal law exempts from background checks. only 10% of gun offenders report that they stole the gun that they used in crime. this argument from opponents stronger gun laws also implies that criminals have no difficulty in obtaining guns. this is also inconsistent with the facts. if guns are so easy for criminals to get, why is it that only 29% of robberies reported in the national crime victimization survey did the robber use a gun? .. >> or a private seller to pass a background check to obtain a perm. we found that the diversion of guns to criminals shortly after the retail sale abruptly doubled, and the gun homicide rate increased by 25% when, after missouri repealed its law. during this same time period, gun homicide rates nationally dropped 10%. in our new book, researchers reported examples in which state laws prohibited the severely mentally ill from owning guns did increase violence. to -- opponents claim we don't need to pass new gun laws, we just need to enforce the current ones. the problem, of course, with this argument is that federal gun laws are currently written in ways that make it difficult to hold firearms sellers accountable as was described in previous testimony. there's no statute defining or outlawing straw purchases or gun trafficking, standards of evidence are high and penalties are weak relative to the seriousness of the crime of supplying criminals with firearms. the amendment to protect licensed gun dealers who sell many guns or that are subsequently recovered from criminals with trace data. i've published research showing how this increases the diversion of guns to criminals from suspect gun dealers. opponents also claim that requiring background checks for all gun sales is too great of a burden on gun purchasers to justify. we just completed a large national survey in which we found 84% of gun owners and 74% of nra members reported they supported laws requiring a background which can for all gun sales. in the 14 states that currently require background checks for all handgun sales including private sales, 89% -- nearly 9 out of 10 gun owners -- supported universional background checks -- universal background checks. apparently, they consider any inconvenience to be acceptable because they want to keep guns out of the hands of dangerous people. it's been claimed that the only thing that can stop a bad guy with a gun is a good guy with a gun. this call to arms suggests the best way to reduce violence is to allow and even encourage legal gun owners to carry guns in public places. the best evidence that so-called right to or carry laws do not reduce violent crime and may actually increase aggravated assaults. calls to do away with restrictions on concealed gun carrying suggests everyone who can legally own a gun is a good guy or gal. but research on people who are incarcerated for crimes committed with guns in states with conditions for legal gun ownership mirror the federal standards, 60% of those gun offenders were legally qualified to own a gun. many of those convictions -- [inaudible] finally, some say that banning the sale of assault weapons and large capacity magazines would not enhance public safety. assault weapons and guns with large capacity ammunition feeding devices are overrepresented in mass shoot, and in these mass shootings involving assault weapons typically involve more victims per stint than mass shootings with other weapons. although mass shootings are shootings in which an assailant fires more than ten rounds are relatively uncommon, there are victims and family members of victims here today who would not have experienced the pain and loss of gun violence if their assailants had not been legally able to purchase assault weapons and large capacity magazines. >> thank you. thank you for your testimony. let me, mr. cooper, let me address initially the heller decision as you saw it and the sub sequence decisions, and i'm going to ask professor tribe to respond or comment. it strikes me that what heller said is the absolute prohibition of gun ownership is unconstitutional under the second amendment. what i hear you argue on the other side, and you even used the provocative word "absolute" in your testimony, that there is an absolute right of individuals to own certain arms, common arms. i'm wondering how you square that with the language of heller where justice scalia went on to specify all of the regulations that he would find permissible, and he said this is not an exhaustive list. but he went through a list of regulations that would limit the right to own arms, certainly inferring there not your ownership or use is not absolute. he included weapons not typically possessed by law-abiding citizens for lawful purposes, prohibitions on the possessions of firearms by felons and the mentally ill, laws imposing conditions and qualifications on the commercial sale of arms, laws prohibiting the carrying of dangerous and unusual weapons, laws regulating the storage of firearms to prevent accidents. if you concede even one of those things, then to say that the second amendment right to bear arms is absolute just kind of falls on its face. how long has it been since we've had restrictions on the ownership of machine guns under the federal law? it's been quite a few years if i'm not mistaken. they go back to the era of the 1930s if i'm not wrong about that. so how do you reconcile that? how can you say this is an absolute right in light of scalia's statement? >> thank you, mr. chairman, for that question, because i want to hasten to clear up confusion about my use of that term. it is not my position that the second amendment is unlimited. it never has been, and it certainly couldn't be after heller. it makes clear that the kinds of limitations on the second amendment right that you have just articulated accurately from the decision itself are historically-bound limitations and permissible restrictions that governments can place upon gun ownership and gun use. what i tried to be careful to say, though, is that at its core -- and this is, i believe, what heller does make clear -- at its core that is, and regardless of what one may argue is the core of the second amendment, it's clear from heller that it is the use of arms, arms as that term is used in the second amendment itself, for self-defense within the home, the place where it is most acute as the court said for the use of arms to be available. it is not my position that any arms are protected by the second amendment. you've just mentioned m-16s. i don't think that an individual, a law-abiding individual has a right to an m-16 even in his home. but it is my view that there are within the universe after arms, there are certain arms that are absolutely protected. and you can't completely disarm an individual in his home. heller, if it stands for nothing else, it stands for that. and so the question before the committee, before you, mr. chairman and the others, is what are those protected arms. where does that line fall. >> okay. >> and it certainly falls at m-16s. >> so, professor, i'm going to let the professor respond here to this argument that we're talking about the instrument, the weapon as opposed to many other things. tell me your reaction to that. >> mr. chairman -- >> you need to turn your -- >> thank you. much as i like and respect my friend chuck cooper, i just don't think he answered your question. the supreme court did not suggest in heller or mcdonald or in any other case that uniquely within the constitution the second amendment protects a certain fixed set of objects. i mean, somehow magically the m-16 machine gun floats from our 1791 history as out of the range of protection. it's a much more nuanced inquiry. it's an inquiry into how common the weapon is, it's an inquiry into how essential it is to self-defense, and it's an inquiry into how unusually dangerous it is. the suggestion i get from mr. cooper's written statement in which he had more of a chance to elaborate is, basically, a regulation of guns is allowed only if that regulation fits within a kind of specific historical pedigree. and now he gets that pedigree i'm not sure quite where, from the 1930s, from the 1790s. but history has never been the sole determinant of the meaning of any constitutional provision for justice scalia or for any member of the court. it certainly isn't for the first amendment or the contract clause. and more than any other constitutional provision, the objects addressed in the second amendment inherently evolve with technology. guns today are exceptionally different from guns a hundred years ago, let alone guns at the time of the framing. and in light of the second amendment's peculiarly close relationship with technology, it would make even less sense to be bound solely by history. in his prepared statement, mr. cooper quoted from i think it was chicago v. mcdonald where the court said that the second amendment is like the other amendments. it's subject to a consideration of competing constitutional claims like claims to life, liberty, security and then here's the language, it's knotts to be singed -- it's not to be singled out for special treatment. and i think what mr. cooper is doing is he's elevating the second amendment above all of the other values. of course the court doesn't think that the second amendment should be subject to reevaluation and rejiggering and rebalancing just because we live in the 21st century. but he, as all of the examples that you, i think, carefully enumerated, is clearly open to the idea that a whole range of regulations designed not to strip people of their right of self-defense, but to balance that right, to accommodate that right to the severe dangers that we've seen these weapons provide, that that's permissible. >> so if i can, if senator cruz will allow, i want to ask one more question and then turn over to him. two weeks ago when we had this hearing i asked the head of the nra, mr. louisiana lapierre, i m an illustration of something that had happened to me in illinois. members of his organization feel very strongly about the second amendment, when i told them my views, they said you don't get it. you just don't understand it. it isn't about sporting, hunting, it isn't even about self-defense. it is about my right to bear arms so that i'm adequately armed if the government turns on me so that i can suppress tyranny if someone should turn on me. and i asked mr. lapierre, is that the standard? i expected him to say, no, but he didn't. he said in the historic context of the second amendment, that's what it was about. this was a brand new nation. they'd just thrown off the tyranny of england, and they wanted to preserve -- in mr. lapierre's words -- the right to bear arms to protect those basic freedoms as individuals. now what we're finding is something interesting growing out of this mindset. it is a form of nullification which we're seeing evidence of in my home state of illinois. there are sheriffs, duly elected sheriffs of counties who have publicly stated that they will not enforce any federal laws restricting the second amendment. they have taken the name of oath keepers. i have some of their literature in front of me. i'd like for you to comment on the history of the second amendment and this view of the right of an individual to defend himself/herself against a government that may by the ran call. is that built into this second amendment? >> well, justice and a lie ya in a very erudite discussion in heller talked about how part of the historic origin of the need to codify the second amendment was exactly the sense that shortly after the revolution and when we were still a forming nation when we really did not have a government under a rule of law that had cop formed itself -- conformed itself to a new constitution, that that was one of the elements. but he makes it clear that to make the second amendment sort of that purpose today, we'd have to let every individual have his own rocket launcher, his own tank. i mean, when -- if the government of the united states were ever to turn on any of us as individuals, it would not be enough to have a handgun or even a semiautomatic weapon. so clearly the purpose has now become one of self-defense against marauders, against criminals, against errant individual police officers but not against the entire government. and you mention null by case and the -- nullification and oath keepers. we've had a history of claims by states that they could nullify the operation within their own jurisdiction of federal laws that they didn't agree with. it was a bloody history. it was settled, i think, by the civil war if i remember my history correctly. and it's not a history that i would want to relive. the oath keepers, like anybody else, are entirely free to agitate, litigate, argue for their own view of the law. but as justice scalia said in 1990, democratic government must be prefer today a system in which -- preferred to a system in which each conscience is a law unto itself. and the nullification and position is not a constitutional doctrine. if taken seriously, it is illegal defiance of constitutional authority. >> thank you. senator cruz. >> thank you, mr. chairman. i'd like to thank all of the witnesses for your time and preparation in being here. i apologize that with votes on the floor of and also other committee hearings that not all of us were able to be here for this very learned testimony. i'd like to give particular thanks to ms. hupp, a constituent from the state of texas, whose testimony i think was moving and powerful, and your personal life experience, i think, is very important for this debate. and i would urge anyone interested in assessing what the proper standard is for protecting our right to keep and bear arms to watch ms. hupp's testimony, to see her personal experience of the importance of the right to keep and bear arms to protect ourselves and protect our family. i would also note in the interest of full disclosure that as a law student i took constitutional law from professor tribe and that my very first employer in private practice was chuck cooper. [laughter] and with both of you on each end of this table, i would simply say you are both held harmless should i make any mistakes of constitutional law. [laughter] i'll take the brunt of all of that myself rather that attributing any blame to either one of you. mr. cooper, a lot of discussion today has been had that the second amendment allows what is described as reasonable, common sense regulations. and reasonableness is a term that encompasses a lot. i'd like to understand the scope of the argument that was made by washington, d.c. and chicago in the heller case and the mcdonald case. as i understand it, both washington, d.c. and chicago with the support of a great many groups who are now calling for gun control regulation made the argument that the second amendment right to keep and bear arms does not protect any individual whatsoever. and if i understand that correctly, that would mean under their interpretation that this congress could pass a law that says it is a federal offense, it is a crime for any american to own any firearm whatsoever; pistol, shotgun, rifle, any firearm is hereby criminalized. am i correct that the position that was advocated in this those cases -- in those cases is just that radical? >> it was just that sweeping, senator cruz. the claim made by the cities in those cases was that the second amendment protects only a collective right, a right relevant only with respect to the organized militia. it was rejected by the supreme court, and that rejection reiterated and reaffirmed in mcdonald. rejected initially in heller. the court said, mr. chairman refers back to your earlier question. the court was quite clear that concerns by the founders and the framing generation about tyranny and the notion that a standing army could disarm the populace, disarm the people was at the root of the codification in the bill of rights of the second amendment. it wasn't the core concern, however, of that founding generation and of the people at the time. the core concern, the central component according to the majority in heller was self-defense. and it also recognized the lawful purpose of hunting. so people had a individual, fundamental right, senator cruz, to keep and bear arms for those lawful purposes, the core of which -- and i've earlier characterized it as absolute, and i reiterate that -- the core of which was to keep an operable firearm in the home for the purpose of self-defense. >> and, mr. cooper, am i correct the first argument in those cases was that it was not an individual right at all, or that it was not incorporated against the states in mcdonald -- >> collectively. >> but the second argument was that even if it was, that a total ban on firearms as washington, d.c. and chicago had constituted reasonable, common sense gun control even if it did protect a right. in other words, it was a right that could be legislated entirely out of existence. >> that's -- a right that could include a sweeping and comprehensive ban on the possession of an operable firearm in the home. >> now, professor tribe, many have made justice to justice scalia's opinion in heller that recognize there's some or limits on the second amendment. am i correct that heller went further than that and enumerated examples, namely, a ban on felons owning firearms was permissible, a ban on what heller characterized as dangerous and unusual weapons such as m-16 machine guns satisfied the second amendment. heller did not once suggest that the sort of restrictions here in terms of when it was enumerates examples of restrictions, the sorts of restrictions currently being considered by the 123459, heller did not say those would be permissible, did it? >> certainly, senator cruz, it did not have these in front of it, but it said in footnote 26 that the examples it gave were only examples. and if there is any regulation that could survive second amendment scrutiny, it's the kind of regulation that's being considered, namely -- >> well, but it did say what was critical was whether the particular weapons were in common use at the time, is that correct? >> that's not, with all respect, senator cruz, quite respect. it said the they're not in common use at the time, as the happened gun had been, then they're out of jurisdiction for protection. but being in common use at the time did not itself guarantee that they were within the core. otherwise, if you flood the market with machine guns, with m-16s so that they are suddenly in common use, then they would get the kind of protection the court said they didn't have. >> although m-16s currently are functionally illegal for the public to enjoy. fully automatic machine guns -- >> that's right. but if you flood the market, it would no longer be unconstitutional to outlaw them. that's why the court -- >> but they're not in common use right now, are they? >> they're not. >> okay. and final question because my time has expired. with the chairman's indulgence, i'd like to ask a final question of ms. hupp which is if you look at the nation of australia which in 1997 banned guns, australia saw from 1995 to 2007 sexual assaults and rape increase 29.9% and violent crime increase 42.2%. largely after they had banned guns altogether. in contrast, the united states during that same time saw violent crime decrease 31.8% and rape decrease 19.2%. to my mind, that data suggests that allowing law-abiding citizens to arm themselves and in particular protecting the right of women to protect themselves is an important safeguard against violet offenses. violent offenses. are you aware of any data or any argument to the contrary that's stripping women of the right to defend themselves, does not make them more vulnerable to violent predators? >> well, you're asking me to provide, i believe, some statistical evidence that i don't have with me. um, common sense, i believe, we have talked about common sense gun laws and saying something is common sense doesn't necessarily make it so. but common sense tells me that if my aged grandmother in a wheelchair is approached by three thugs with baseball bats wanting her social security check, if she pulls out a revolver, now all of a sudden she is on equal footing. um, if i may, i would like to offer a couple of things that i believe could be done to help eradicate these mass shootings that seem to be so prevalent in the last couple of decades. one thing is that we could, that you all could encourage states to get rid of gun-freesons. because -- gun-free zones. because isn't it fascinating that nearly all of these mass shootings we've seen have occurred in gun-fr
CSPAN
Feb 19, 2013 3:00am EST
and the subject is to legalize discrimination or for the rest of their lives. in fact in some cities like chicago, baltimore, philadelphia, d.c., the list could go on, in some cities the statistics are worse. in fact it was reported in chicago but if you take into account prisoners, if you bachelet count prisoners as people and keep in mind that prisoners are excluded from poverty statistics and unemployment data that is masking the severity but if you actually count prisoners townspeople in the chicago area, 80% of working age african-american men, criminal records to legalize discrimination for the rest of their lives. these men are part of a growing undercast, not class, a group of people defined largely by race relegated to permanent second-class status by law. now i find today that when i tell people i now believe that mass incarceration is like the new jim crow people react with a completed this believe they say how can you say that? our criminal justice system isn't of crime control and of black folks would stop running around committing so many crimes we wouldn't have to worr
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Feb 1, 2013 8:00pm EST
a new york city she served for five years as assistant united states attorney in the criminal division of the united states attorney's office in the southern district of new york which is why they are considered to be the u.s. attorney's office in the country if others are here from other u.s. attorneys offices, we apologize for her superiority. [laughter] , down. i am a leader sam sali get that all the time. she joins the faculty at ohio state university in 1995 and was awarded tenure in 1999 and promoted to full professor in 2002. her primary search focuses on the area of the criminal law procedure and she is published widely in overall ayittey of journalists and places where her ideas about critical, legal and social matters have certainly been expressed. so i'm going to have the professor davies come to the podium and share with us for about 12 or so minutes about her ideas about our topic today. she will lay the groundwork on the bias and the implicit racism so that legislators and the rest of us can better understand how it manifests itself in the racism and the systemic
CSPAN
Feb 18, 2013 4:30pm EST
made possible by the rise of the first city-stateses in mesopotamia about 5,000 years ago. by definition you could not have a conventional army without a state. and so until you had states, you had no conventional armies which had officers and enlisted ranks and a bureaucracy and logistics and all these other things that we associate with conventional armed forces. but guess what? as soon as you had the very first city-states in mesopotamia, they were immediately being attacked by nomads from the persian highlands. essentially, guerrillas. and so from the very start organized militaries have always spent a lot of their time fighting unconventional, irregular warfare. and you know what? those terms don't make a heck of a lot of sense. that's one of the big takeaways that i had from doing six years of reading and research for this book. the way we think about this entire subject is all messed up. we think that somehow conventional warfare is the norm, that the way you ought to fight is to have these conventional armies slugging it out in the open. but the reality is those have a
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Feb 2, 2013 2:00pm EST
. of course this is a political town. this is the capitol city and has been the seat of government since the founding 403 years ago. and so the exercise of political power and the development of public policy is another theme. the history of santa fe is distinctive. for one thing, santa fe became a u.s. territory in 1848. and it was a territory for a very long time. the country and washington were reluctant to make santa fe a state. that eventually happened in 1912. new mexico existed as a territory for so long, in someso many ways doesn't seem to fit the rest of the country. and in fact, santa fe proudly, for a long, long time, has described itself as the city different. santa fe was -- and new mexico were explored by the spanish, coming from the south to the north. not from anglos coming from the east to the west. that's one difference. this community that's closely tied to the catholic church, priests accompanied spanish settlers on their way north and establishment of the church and establishment of the community of santa fe are inseparable. of course, this is-was a spanish spe
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Feb 8, 2013 7:00pm EST
managers and corporate executives and what not. the city of bridgeport, conn., which is one of the poorest cities in the country in pretty much everyone in between. my district also sets -- sits for miles south of the town called new town which unfortunately became a big part of the public imagination several weeks ago when the tragedy occurred there. one of the many things that happened to all of us, not just those of us who live close, but all of us in this country was in the face of unspeakable tragedy we felt, maybe for the first time in a long time the fact that we have a lot more in common than we have things separating yes. all the trivialities to all of the conceits kamal the day-to-day concerns that we have fallaway. we don't want that sort of thing to have to remind us of that bottom line fact. the truth is that all the issues we struggle with, whether medicare or social security, welfare of grandparents, whether it is how much we tax, invest, how good our system of education is to all of those things at their core is the notion that we want the same for the kids of bridg
CSPAN
Feb 10, 2013 12:00pm EST
by the time the kids are 10 years old. those are helping hands. when you live in the city and working in factory and doing mechanized work. the children are not a help. they are simply a cost. this is one of the factors pushing us in the direction. and another big change is the nature of the welfare state. you know, something which exists in 19th century america. we were on our own. as we got older the children took care of you. that's reason of the reasons you have kids. you hope you have at least one good one. and now we don't need to have that anymore. we have social security, we have medicare, it's nice to have a child to love you and look after you as you begin to drool and watch more tv. it's no longer necessary. and these all of these little things, these, you know, these tiny changers, some bigger some smaller have pushed us in direction of having fewer children. >> host: back to the issue of costing children. you talk about the increasing price of a child so much as $1,000 strollers for parents who want to get in it as well as the figures on the government supply of t
CSPAN
Feb 5, 2013 9:00am EST
from farms to cities and what happens when you go from a farm to a city in the year 2012 and don't have a high school diploma or limited skills and a another sense, you have a really hard time, the united states is a country which 30% of the adult population has a college education and 10% of repay a high school diploma and there's a group in the middle. when you look at wages which alex referenced before the important thing to keep in mind of wages is it is all about commentary, good for high school -- high skilled workers, if i am a high skilled worker on want to order more take out because i want to work longer hours and make more money. that is why cities like washington d.c. works. my parents came to this country and washing dishes and driving every cabs and stuff like that, works and makes sense. there are two different dynamics at play. when looking at high skilled workers there are increasing returns to the concentration of skill. there's a great book called the new geography of jobs. what he is looking at is there has been a big divergence in america between the d.c. metro
CSPAN
Feb 3, 2013 6:30am EST
invented, and handed over to them. that senior lyndon johnson met in atlantic city, in the chapter i have here, to me it's amazing this is not more news. i have written in detail as i can, he had a nervous breakdown because he's trying to do little delegates from mississippi, and to see all the regular white democrats from mississippi who would publicly pledge to vote for goldwater, the democratic delegates said they would vote for goldwater, and most of them started switching party instantly but he wanted to defeat them anyway. and the mississippi freedom democrats, they walked out because they didn't think it was fair. and karl sanders and one of the conversations you can hear, and john connally, called lyndon johnson and told them if you would even let those two symbolic, the whole south will walk out of this convention because you will be turning the democratic party over to the negro, and letting martin luther king decide who can be a democrat. and johnson almost has a breakdown on the phone there, and basically went to bed for several days and said i'm going to quit. i can't ha
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Feb 23, 2013 8:45am EST
city council i went to the city manager and talked to him about pride and things. he said here is your job. we have a capital improvement plan. the things we have to do over the next ten years and it costs so many million dollars and he said here is the problem. the public collectively is not willing to pay for what the public collectively wants. and is so true. is even truer in congress. the expectation is there can be current or more service delivered in an efficient, professional way for less money and the math doesn't work. you can do more with less once in awhile but year after year after year you simply can't and that is the most difficult thing for people to understand. you look at the gap that i've put up their about the vast amount drained by the bush tax cuts, some of that has gone back but only some of it because by and large the american people do not want any money spent on taxes. the price being paid for that is not so much an individual price. more a price that involves the health of the population and overall education level of our kids and those things, it is bigger an
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Feb 2, 2013 10:00pm EST
become new york city. as you have the more urban country into lesra my country a country where children survive at a much higher rate, you are naturally getting people to have fewer babies. again these are good effects. that is one of the things i try to mention in the book is that to observe that with the overall effect on this creates problems and that isn't to say everyone is itself a problem and some of them are wonderful things. even wonderful things can have ill and adverse effects. >> host:>> host: why would urban lower fertility? >> for lots of reasons. one of which is cost. when you are but nice everything costs more. the higher your population density the higher your cost of living and higher land costs hired childcare costs and higher education cost and not just that but if we look back historically and we move from an agrarian society to an industrial society children are free work, right? you have seven kids and to work on a family farm and by the time the kids are 10 years old there is a helping hand. when you live in the city and working in factories and doing in
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Feb 17, 2013 11:00pm EST
men buried in the ground in the city in the central sacramento valley. the memorable sentence was clear enough and it no longer had the sound the was millo dramatic supplied by the author. but he kept finding problems in my article with my attempt to describe the child complex most of which i had witnessed and still about a thousand pages of notes were a few pages of the manuscript manage to convey the fact of that and some of its flavor and the occasional weirdness. for starters, how to overcome the perfectly sensible conviction that this can't be done. time after time i rewrote, wait a few days and then called them up only to hear that my account was still at best confused. at first i felt like reading to him it was of 2-cd but of course i couldn't yell. so while i tried to use it to be acknowledged sometimes when he replied there was a werries sound and his voice once or maybe twice a snort to tell me that what i had said was preposterous but he never raised his voice. i didn't keep the notes i made during the conversations or the draft i wrote about in that article i set out t
CSPAN
Feb 27, 2013 11:00pm EST
crime guns in the city of chicago could he traced to the state of mississippi end quote. it is clear that we need a national solution. let me describe briefly the key features of this new legislatios ban of 2013. the bill bans the sale transfer or importation and manufacture of 157 specifically named semiautomatic assault weapons. it ends any other assault weapon which is defined as semiautomatic that can accept a detachable magazine and has won military one military characteristic such as a pistol grip, barrel shroud or folding stock. these features were developed for military weapons to make them more effective and efficient at killing people in close combat situations. the bill prohibits large capacity ammunition feeding devices capable of accepting more than 10 rounds. this is a crucial part of this legislation. these large magazines and drums make a gun especially dangerous because they allow a shooter to fire 15, 30 and even 100 rounds or more without having to pause to reload. in many instances, like the tragic shooting of our colleague congresswoman gabby giffords in tucson a
CSPAN
Feb 10, 2013 4:00pm EST
school in new york city were none of the students are native english speakers. ms. houser tells the story of a student who escaped nepal and attended the international high school. >> so many advocates have amazing stories and the one i wanted to read is about a tibetan boy who left tibet as a little boy, escaped by hiding in a suitcase to travel to the border of nepal and so he and i worked pretty hard on his story to get all the facts straight. the man said motioning at a small suitcase on the ground. it was the fall of 2003, two years before a new one would arrive in international and they're standing on a street. he looked at the man in back of the suitcase. the man was his father's friend, a farmer with a faith filled with worry. black nylon the plastic handlebar, rubber wheels. noong had never touched a suitcase before and inspected it closely. there was chinese flattering on it he could not read. the main compartment was only about two by three feet, the size of a child's coffin. noong was small for 11, but he wasn't that small. he got the firmware must be joking. the black s
CSPAN
Feb 9, 2013 6:00pm EST
nanking, 1937, was what? >> guest: that was when the japanese troops entered the city of nanking and, again, just like the death march, this crazy evil took over, and they spent systematically murdering and raping hundred -- almost 100,000 women. it was another one of the great atrocities of world war ii. c-span: were -- were any american nurses ever raped by the japanese? >> guest: they were not. there was an attempted rape on corregidor by a japanese soldier after the surrender. one of the things the nurses -- and they had no guideline to go by, nothing to follow, so they said, 'look, we're gonna stay together as a group.' they figured there'd be safety in numbers. and they all slept in this one lateral, one tunnel. but one of the nurses decided she was gonna sleep someplace else, and one night a japanese soldier climbed over the -- the wall and tried to rape her. she escaped. but that was as nearest as any sexual assault happened with the nurses. c-span: what -- do you know the name of that nurse? >> guest: yes. it was mary brown menzies. c-span: is she still alive? >> guest: she'
CSPAN
Feb 23, 2013 6:00pm EST
after you die. and the rest of them had their money in savings, and i said, 'how can you be in a city like new york and not understand that you can be a player, you can be involved?' we keep talking about being a people of poverty. we're not a people of poverty. we have to learn to take advantage of opportunities. so i started one investment club, and they grew--it grew so fast that we had to s--kind of branch out. now we have 12 clubs. they focus on various areas, one in tel--telecommunications, real estate, utilities. everything the market is involved in, we have a club, basically, that deals with it, and--and it's been very good, very positive as a learning experience. c-span: you point out in your book, though, that the bible says that money is the root of all evil. how do you teach--how do you teach the--the--the money thing? >> guest: well--well, the bible says the love of money is the root of all evil. c-span: ah. >> guest: it's a matter of priority. it's a matter of where you put your treasure and how you manage that treasure, so that if money becomes your predominant guiding
CSPAN
Feb 4, 2013 5:00pm EST
that took place in our country yesterday in the city of new orleans. and i want to, of course, congratulate the senators from baltimore, the baltimore ravens, the senators from maryland, the baltimore ravens, particularly senator mikulski, senator cardin, and governor o'malley, who was there, of course, representing. the senators from san francisco and california, the 49ers, senators feinstein and boxer. speaker pelosi was with us yesterday in new orleans. and thousands of fans from all over the world and, of course, watching on television. and i think -- i wanted to make a note on this floor, not because it was just a sporting event -- although it's one of i think the highest watched super bowls ever in the history of the game, but, mr. president, because of the role that this congress played and the administration in helping this great city and region and state rebound from what was a devastating body blow 7 1/2 years ago when hurricane katrina and then rita hit three weeks later and then the levees broke anin over 52 places, the city wt virtually underwater, at least two-th
CSPAN
Feb 23, 2013 4:30pm EST
city and see how long it would take for them to find in the legal drink. in the big city, it could be more than 10 minutes. but there is another narrative, and that is that it succeeded. it succeeded in the conservative areas of the country. in the south and in the midwestern heartland. all of the places that wanted to say that we are not like those people in the cities. we are not foreigners. we are americans, and we believe in prohibition. to this day, half the counties of the united states are still dry. you just don't find those dry counties in places like rhode island. which is just to say that the culture wars and the efforts of prohibitions are beautifully described in this book, and they go on. as everyone has said, that's not very good news for america or our friends and leaders around the world. but it is very good news indeed for the longevity that this book will have. thank you. [applause] >> if we could get a response to some of those comments? what you think? >> i'm not going to say much. i'm digesting the comments that my colleagues have made. making sense of the boo
CSPAN
Feb 24, 2013 2:00pm EST
? there's a series of explanations. one, foreigners again. the big cities, particularly on the east coast, but los angeles, too. the big cities were full of foreigners who hung out in saloons and had to be controlled. they were ruining america. the people in the heartlands who always voted for prohibition were particularly worried about the threat of others. race. the final wheels of prohibition started in the south and exactly the time when jim crow goes into place between 1905 and 1915. the idea of trying to control african-americans, needing to control african-americans, led to the idea that we had to control drink throughout the south. so prohibition becomes very important. all wrapped up with trying to keep african-americans in their place after 50 years of struggle following the self-war. it was crucial for prohibition that the democrats retook congress, by the way, in the wilson administration. third, very differently, it was a women's issue. it was a moral issue that was part of the effort to stop violence against women in the 19th and early 20th century. whatever women's su
CSPAN
Feb 26, 2013 11:00pm EST
is the safest city in the united states if you look at the border so i would argue the rancher would get it is safer than someone in many cities of the country's interior today. with the doubling of the of patrol car we a safe and secure as we have never been >> so with the border bridge role when they came on in 1987 because of your support we have received unprecedented resources in terms of agents and technology. there are more sections are more secure because of that. >> would agree. operational improvements, targeting systems, the ability and travel initiative, almost every person in crossing of the land border is significantly more secure. and of course, our efforts against terrorism. >> could be reached a conclusion we are more secure than we have ever been in those areas? >> as correct. >> that's important to know because we share frustration that we don't have a defined goal and measurements to chart progress. we no longer use operational control we have not released sinew index with the d.h. gesso with our ability to speak intelligently is it is important for the panel to k
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